Tunay na Pagkakaisa ng Manggagawa sa Asia Brewery employees are excluded from and are not eligible for

v. Asia Brewery, Inc. inclusion in the bargaining unit as defined in Section 2,
G.R. No. 162025, August 3, 2010 Article I of the CBA; the 81 employees cannot validly become
members of respondent and/or if already members, that their
FACTS: membership is violative of the CBA and that they should
Respondent Asia Brewery, Inc. (ABI) is engaged in the disaffiliate from respondent; and petitioner has not
manufacture, sale and distribution of beer, shandy, bottled committed any act that restrained or tended to restrain its
water and glass products. ABI entered into a Collective employees in the exercise of their right to self-organization.
Bargaining Agreement (CBA), effective for five (5) years with
Bisig at Lakas ng mga Manggagawa sa Asia-Independent In the meantime, a certification election was held on August
(BLMA), the exclusive bargaining representative of ABI’s rank 10, 2002 wherein petitioner Tunay na Pagkakaisa ng
-and-file employees. Under the CBA, 12 jobs were defined to Manggagawa sa Asia (TPMA) won. As the incumbent
be excluded from the bargaining agreement. bargaining representative of ABI’s rank-and-file employees
claiming interest in the outcome of the case, petitioner filed
Asia Brewery entered into a Collective Bargaining Agreement with the CA an omnibus motion for reconsideration of the
with BLMA, the exclusive bargaining representative of Asia decision and intervention, with attached petition signed by
Brewery rank-and-file employees. Those employees explicitly the union officers. Both motions were denied by the CA.
excluded in the CBA are, among others, confidential and
executive secretaries and purchasing and quality control ISSUE:
staff. Whether or not the 81 employees may be validly excluded
from the bargaining unit?
A dispute arose when Asia Brewery management stopped
deducting union dues from 81 employees, believing that their HELD:
membership in the union violated the CBA. These employees No. Confidential employees are defined as those who (1)
were Sampling Inspectors, Machine Gauge Technician, both assist or act in a confidential capacity, (2) to persons who
part of the Quality Control Staff, checkers assigned to formulate, determine, and effectuate management policies in
different departments, and secretaries and clerks directly the field of labor relations. The two (2) criteria are
under the respective division managers. cumulative, and both must be met if an employee is to be
considered a confidential employee that is, the confidential
BLMA claimed that ABI’s actions restrained the employees’ relationship must exist between the employee and his
right to self -organization and brought the matter to the supervisor, and the supervisor must handle the prescribed
grievance machinery. As the parties failed to amicably settle responsibilities relating to labor relations.The exclusion from
the controversy, BLMA lodged a complaint before the bargaining units of employees who, in the normal course of
National Conciliation and Mediation Board (NCMB). The their duties, become aware of management policies relating
parties eventually agreed to submit the case for arbitration to labor relations is a principal objective sought to be
to resolve the issue of "whether or not there is restraint to accomplished by the "confidential employee rule."
employees in the exercise of their right to self-organization."
There is no showing in this case that the secretaries/clerks
Voluntary Arbitrator (VA) ruled in favor of BLMA. Accordingly, and checkers assisted or acted in a confidential capacity to
the subject employees were declared eligible for inclusion managerial employees and obtained confidential information
within the bargaining unit represented by BLMA. On appeal relating to labor relations policies.And even assuming that
by ABI to the CA, it reversed the VA, ruling that the 81 they had exposure to internal business operations of the

2002 and Resolution dated January 28.
November 22. this is not per se ground for of the Court of Appeals in CA-G. SP No. the petition is GRANTED. 2004
. 55578 are hereby
their exclusion in the bargaining unit of the daily-paid rank. secretaries/clerks of respondent company are hereby
declared rank-and-file employees who are eligible to join the
WHEREFORE.company. REVERSED and SET ASIDE. The checkers and
and-file employees. The Decision dated Union of the rank-and-file employees. respondent claimed.R.